IN THE CASE OF:	   

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140013028 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 11 (Primary Specialty), item 14 (Military Education), and item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

2.  The applicant states that he completed the military occupational specialty (MOS) 35F (Intelligence Analyst) course and graduated on 5 September 2013.  He also states that he was never charged with or discharged for drug abuse.  Therefore, he is requesting the narrative reason for his discharge be removed from item 28 of his DD Form 214.  He concludes by stating that he will send a copy of his orders and graduation roster.

3.  The applicant provides a:

* DD Form 214 
* transcript of academic record
* graduation ceremony invitation 
* Orders 227-0027, dated 15 August 2013 

CONSIDERATION OF EVIDENCE:

1.  On 12 March 2013, the applicant enlisted in the Regular Army for training in MOS 35F.  



2.  His record contains:

	a.  Orders Number 210-00038, dated 29 July 2013, which directed that he be awarded MOS 35F effective 5 September 2013.

	b.  Four DA Forms 4856 (General Counseling Form) issued on: 

* 8 August 2013, for being late to an accountability formation
* 10 September 2013, for being placed in a "Hold" status due to an ongoing investigation
* 29 October 2013, for positive urinalysis results on 1 September 2013
* 1 November 2013, for failure to report to an accountability formation and failure to obey a lawful order or regulation 

3.  He submitted: 

	a.  Orders Number 227-00027, dated 15 August 2013, which show he was to proceed on permanent change of station to Fort Campbell, KY with a report date of 17 October 2013.

	b.  An unofficial Transcript of Academic Record, dated 29 August 2013, from the Cochise College, Army Education Center, which shows he completed
27 credit hours. 

	c.  A graduation ceremony invitation from the 305th Military Intelligence Battalion, 111th MI Brigade, U.S. Army Intelligence Center of Excellence and Fort Huachuca, which shows he was scheduled to graduate from the MOS 35F course on 5 September 2013.
	
4.  His record also contains:

	a.  Orders Number 310-00030, dated 6 November 2013, that revoked Orders Number 210-00038, dated 29 July 2013, pertaining to award of MOS 35F.

	b.  A DD Form 458 (Charge Sheet), dated 6 January 2014, that shows court-martial charges were preferred against him for:

		(1)  violating Article 92 of the Uniformed Code of Military Justice (UCMJ), by wrongfully using oxycodone, also known as Oxycontin, a Schedule II controlled substance, between 1 July to 31 August 2013;

		(2)  violating Article 92 of the UCMJ, by violating a lawful order, by consuming alcohol while in enlisted entry training on 17 November 2013; and 
		(3)  violating Article 86 of the UCMJ, by being AWOL from 16 to
17 November 2013. 

	c.  A DA Form 2349 (Record of Trial by Summary Court-Martial), dated 4 February 2014, which shows he pled guilty to and was found guilty of:  

		(1)  wrongfully using Oxycodone, also known as Oxycontin, a Schedule II controlled substance, between 1 July to 31 August 2013;

		(2)  violating a lawful order, by consuming alcohol while in enlisted entry training on 17 November 2013; and 

		(3)  being absent without leave (AWOL) from 16 to 17 November 2013. 

5.  On 4 February 2014, he was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2), for misconduct - abuse of illegal drugs. 

6.  On the 7 February 2014, his company commander recommended his discharge under the provisions of Army Regulation 635-200, paragraph 14-12c(2), due to wrongful use of Oxycontin, failure to report to his appointed place of duty, three occasions of failure to obey lawful written orders from a commissioned officer, and two occasions of dereliction in the performance of his duties.  The commander also recommended an under other than honorable conditions discharge.

7.  On the same date, he acknowledged receipt of the proposed separation action against him.  He consulted with legal counsel and was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and the effect of any action taken by him in waiving his rights.  He did not submit a statement on his own behalf.

8.  On 10 February 2014, his intermediate commanders recommended approval of his under other than honorable conditions discharge.

9.  On 20 February 2014, the separation authority approved the applicant's discharge action and directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), with an under other than honorable conditions discharge.

10.  Orders Number 052-005, dated 21 February 2014, revoked Order Number 227-00027, dated 15 August 2013, pertaining to his reassignment.
11.  On 21 February 2014, the applicant was discharged from the Army.  He completed 11 months and 12 days of creditable active service.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2) with service characterized as under other than honorable conditions.  The narrative reason for separation was misconduct (drug abuse).

12.  References:

	a.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally considered appropriate.

	b.  Army Regulation 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation states to enter in:

		(1)  item 11, the titles of all MOSs or areas of concentration (AOCs) awarded and held for at least 1 year during the current period of service and include for each MOS/AOC the number of years and months held.  For time determinations, 16 or more days counts as a month.  Do not count time in training (basic training, advanced individual training, Basic Officer's Leader Course, or MOS-producing school).  Primary specialty MOS or AOC is awarded by Service school completion or by publication of orders awarding the MOS or AOC.

		(2)  item 14, all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration.  Include course title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the American Council of Education's Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army.

		(3)  item 28 will list the narrative reason for separation based on regulatory or other authority and can be cross-referenced with Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes).
	c.  Army Regulation 635-5-1 states that the SPD code of "JKK" is the corresponding code assigned to Soldiers discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of a misconduct (drug abuse).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he successfully completed MOS training educational requirements and that he never was charged with drug abuse.  However, the record shows that during his training he tested positive for a controlled substance and subsequently did not complete the requirement for award of the MOS.  Therefore, his orders awarding him MOS 35F were revoked.  In the absence of orders, there is no evidence that shows he successfully completed the  Intelligence Analyst Course and was awarded MOS 35F.  Therefore, he is not entitled to have his DD Form 214 corrected to show 35F as his primary specialty nor is he entitled to have his DD Form 214 corrected to show he completed the 35F course.

2.  The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), misconduct (drug abuse) while in advanced individual training.  His record of trial shows that he pled guilty and was found guilty of using Oxycontin, a controlled substance, which is contrary to his statement that he was never charged with drug abuse.  As a result, his record of service was not satisfactory and he did not meet the standards of acceptable conduct and performance of duty for Army personnel.  

3.  All requirements of law and regulation were met, and the applicant's rights were fully protected throughout the separation process.  Further, the applicant's narrative reason for separation accurately reflects his reason for separation.

4.  Based on the foregoing, there is insufficient basis to grant the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________x_________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20140013028



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ABCMR Record of Proceedings (cont)                                         AR20140013028



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